If this is your first visit, be sure to
check out the FAQ by clicking the
link above. You may have to register
before you can post: click the register link above to proceed. To start viewing messages,
select the forum that you want to visit from the selection below.

s21 and AST renewal..is it going to be worth the paper its written on?

s21 and AST renewal..is it going to be worth the paper its written on?

17-04-2019, 12:47 PM

Just about to renew an AST rather than going to a statutory periodic. Being a contract with an end date, surely it is just that, a contract!

Surely if I have an end date and it is a 2 way contract the tenant will have to go once served with 2 months notice/S21, but it appears LLs are talking about jumping ship as will be losing the right to evict. If all this is as appears then the break clause will be either one way or have to be omitted.

Pointless having an end date if you cant evict. Am I missing something here.

All parties across the board are up for this change in law so it WILL happen.

Up to this point I have happily gone to a periodic as I fear maybe missing off a vital piece of paperwork and having it all blow up in my face.

There's been no s21 equivalent in Scotland for some time: As a Scottish landlord I'm extremely relaxed about this. Ditto the Tory plans to abolish s21 in England; Gosh there appear to be some somewhat sno-flake-y landlords about...

Best wishes to all, including those who disagree with me.

I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

1 like

Comment

You can't get them out that quickly even under the current rules. At that point, you then request possession from the court, but the you will have to wait for a court date. Even if given possession, you cannot re-enter until the tenant surrenders, your you have brought the bailiffs in.

Comment

There's been no s21 equivalent in Scotland for some time: As a Scottish landlord I'm extremely relaxed about this. Ditto the Tory plans to abolish s21 in England; Gosh there appear to be some somewhat sno-flake-y landlords about...

Presumably most of your tenancies can still be ended if the tenants misbehave?

You'd be pretty unlucky to have let to Rab C Nesbitt already. I'm going to have such schadenfreude if you do get one.

There's been no s21 equivalent in Scotland for some time: As a Scottish landlord I'm extremely relaxed about this. Ditto the Tory plans to abolish s21 in England; Gosh there appear to be some somewhat sno-flake-y landlords about...

Best wishes to all, including those who disagree with me.

The only viable ground for repossession under section 8 is owner occupy, you would have a hard time getting tenant out if you e.g. want to sell the property.

The main issue with S21 being abolished is that it would put even more pressure for courts in S8, I would envision a longer wait time for any eviction types.

Comment

so 2 months before the end of the AST, I can't evict if they are paying rent?! Every AST has an end date.

I believe that is true. If section 21 is scrapped, then you can not evict the tenants at all if they do not break the mandatory grounds in section 8 (not leaving at the end of the tenancy is not one of the mandatory grounds). So basically the end date that is written in the AST will not matter anymore, you tenants can stay as long as they like given that they do not violate the mandatory grounds in sections 8.

However, in theory, you could try evicting your tenants using various discretionary grounds in section 8. But it is strongly advised against to do so. As it is completely hopeless, the judge will always favor the tenant, and you will end up losing your money and your property. The judge have the power to let the tenants stay in your property indefinitely if you use section 8 discretionary grounds for eviction (however, the judge do not have that power if you use section 8 mandatory grounds for eviction).

Comment

Latest Activity

So we have a terraced property we're finding hard to let. Twice we've had applicants pass referencing and give us a move in date. However, before they could sign the AST, in the process of going back to check out the street, they've been approached by a neighbour who has persuaded them not to take up...

Maybe I wrote too much and you missed it boletus but we're overseas and in the process of returning. I've got enough to do maintaining control of life at this end as we pack up to return to "take control" 4,000 miles away. While I can advertise on Rightmove, having a friend do viewings is...